LAWS(ALL)-2024-5-107

KHUSHNUMA BEGUM Vs. STATE OF U.P.

Decided On May 22, 2024
Khushnuma Begum Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Shri Mohemmed Amir Naqvi, learned counsel for the petitioner as well as learned AGA for the State and perused the record.

(2.) The instant petition has been moved by the petitioner- Khushnuma Begum with the following prayers:-

(3.) Learned counsel for the petitioner while referring to the impugned order dtd. 20/4/2024 submits that the trial court has completely misinterpreted the law laid down by the Hon'ble Supreme Court in Mrs. Priyanka Srivastava and another v. State of U.P. and others reported in (2015)6 Supreme Court Cases 287 as before taking cognizance of the offence it was not permissible for the Magistrate to have directed any preliminary investigation for the purpose of disposal of application under Sec. 156(3) Cr.P.C., as the same could only be directed under Sec. 202 of the Cr.P.C.